By Jones Myers partner, Nicki Mitchell

We wholeheartedly welcome the news that unmarried parents who lived with their late partners are now eligible for bereavement support.  

This government assistance was previously unavailable to parents of working age who were not married or in a civil partnership.

Another positive development is that some people may be eligible for backdated payments if their partner died before the law was changed.

Jones Myers has been at the forefront of long-standing campaigns to give cohabiting couples legal and financial protection. Sadly, many proposals for far-reaching reform have yet to come to fruition.

They include a scheme proposed by the Law Commission 15 years ago to give rights to cohabiting couples who have lived together for a specific number of years or have had a child together to seek financial support .

While this family unit remains the fastest growing family type in Britain, unlike married couples, cohabiting couples do not have any legal protection or rights if their relationship breaks down. 

These rights right span savings, income, pensions, business interests and property.  

We urge unmarried partners to protect themselves with a cohabitation or ‘living together’ agreement which sets out what they want to happen – both while they live together and if their relationship ends.

The agreement can clarify who owns what – and in what proportion – as well as how property will be divided and what will happen with personal belongings, savings, debts, pensions, and other assets on separation.

Agreements can also document how children will be supported, how to deal with bank accounts, debts, and joint purchases (such as a house or car) and pet ‘custody’ issues. 

The agreement can be drafted before or during a couple’s time together. It can also be altered if both parties agree that the original agreement should be changed, and how.

Agreeing in writing the ‘what if’ scenarios should one partner leave, win the lottery or die can potentially save emotional and financial trauma at a later stage.

The arrangement, which is enforceable, can be set up through ‘round-table’ meetings within the collaborative process and can avoid the likelihood of cohabitees, particularly those with children, being left destitute.

It is important that the couple seek independent legal advice and disclose all financial information in the lead up to signing the agreement, which should be reviewed regularly.

We have extensive experience in drafting living together agreements and, sadly, in dealing with disputes arising from separations where there has been no such agreement.

For queries on living together agreements or any aspect of family law, call us at Leeds on 0113 246 0055, Harrogate on 01423 276104, or York on 01904 202550. Visit jm2023.jonesmyers.co.uk, email info@jonesmyers.co.uk or tweet us @helpwithdivorce

Jones Myers blog is ranked ninth in the UK’s Best 25 family law blogs and websites to follow in 2023.

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As a long-standing campaigner of reforms to protect cohabiting couples, we welcome the news that a scheme proposed by the Law Commission 15 years ago could finally be introduced.

A cross-party group of MPs is calling for the proposals – which would financially support cohabiting couples who have lived together for a specific number of years or have had a child together – to be given the green light.

As the Government considers its response, the number of cohabiting couples continues to rocket from 1.5 million in 1996 to 3.6 million in 2021.

While they are still the fastest growing family type in Britain, unlike married couples, they do not have any legal protection or rights if their relationship breaks down.  

These rights right span savings, income, pensions and business interests and property with mortgage applications rocketing since the Covid pandemic lockdown when more couples moved in together for practical and financial reasons.

Jones Myers has lobbied MPs at Parliament to support the campaign for reform for cohabiting couples spearheaded by Family law group Resolution.  

As a niche family law firm, we urge unmarried partners to protect themselves with a cohabitation or ‘living together’ agreement which sets out what they want to happen – both while they live together and if their relationship ends.

The agreement can clarify who owns what and in what proportion as well as how property will be divided and what will happen with personal belongings, savings, debts, pensions, and other assets on separation.

Agreements can also document how children will be supported, how to deal with bank accounts, debts, and joint purchases (such as a house or car) and pet ‘custody’ issues. 

The agreement can be drafted before or during a couple’s time together. It can also be altered – if both parties agree that the original agreement should be changed, and how.

Agreeing in writing the ‘what if’ scenarios should one partner leave, win the lottery or die can potentially save emotional and financial trauma at a later stage.

The arrangement, which is enforceable, can be set up through ‘round-table’ meetings within the collaborative process and can avoid the likelihood of cohabitees, particularly those with children, being left destitute.

It is important that the couple seek independent legal advice and disclose all financial information in the lead up to signing the agreement, which should be reviewed regularly.

We have extensive experience in drafting living together agreements and, sadly, in dealing with disputes arising from separations where there has been no such agreement.

For queries or concerns on living together agreements or family law related issues, call us at Leeds on 0113 246 0055, Harrogate on 01423 276104, or York on 01904 202550. Visit jm2023.jonesmyers.co.uk, email info@jonesmyers.co.uk or tweet us @helpwithdivorce

Jones Myers blog is ranked ninth in the UK’s Best 25 family law blogs and websites to follow in 2022.

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This week love is in the air as romance takes centre stage following Valentine’s Day. 

A flurry of marriage proposals and more couples pledging to move in together will have seen excitement levels and hopes for future happiness soar to new heights.

Amid the flurry of celebrations, it’s also important to consider the practical and legal implications of these momentous decisions.  

The number of cohabiting couples in the UK has rocketed 137%, from around 1.5 million in 1996 to around 3.5 million in 2020, when the latest figures were released.

While comprising the fastest growing type of family, partners who live together have less legal protection should they separate, or if one of them dies, than couples who are married or in civil partnerships.

This lack of protection extends to key areas such as savings, income, pensions, business interests – and, in particular, property.

We strongly recommend that unmarried partners consider a cohabitation or ‘living together’ agreement to help them decide what happens while they are together and if they split up.

The agreement sets out who owns what and in what proportion, how property will be divided along with what will happen with personal belongings, savings, debts, pensions and other assets on separation.

Documenting how children will be supported, it outlines how to deal with bank accounts, debts and joint purchases such as a house or car, along with pet ‘custody’ issues.

The contract can be drafted before or during a couple’s time together. It can also be amended as long as both parties agree that the original agreement should be changed, and how.

While it may not be considered romantic to agree the ‘what if’ scenarios should one partner leave, win the lottery or die, this safeguard can potentially save emotional and financial trauma at a later stage.

The arrangement, which is enforceable, can be set up through virtual “round-table” meetings within the collaborative process and can reduce the likelihood of cohabitees being left destitute.

It is important that each party seeks independent legal advice and discloses all financial information in the lead up to signing the agreement, which should be reviewed regularly.

Jones Myers has extensive experience in drafting cohabitation agreements and, sadly, in dealing with disputes arising from separations where there has been no such agreement.

Couples who are planning their weddings this year may want to consider a pre-nup, a widely accepted contract to set out how their finances would be divided should their marriage breakdown.

More advice and information on pre-nups can be found in our recent blog.

For queries or concerns on cohabitation agreements, pre-nups, post-nups or family law related issues, call us at Leeds on 0113 246 0055, Harrogate on 01423 276104, or York on 01904 202550. Visit jm2023.jonesmyers.co.uk, email info@jonesmyers.co.uk or tweet us @helpwithdivorce    authors is rewarding. Please use the following credit line in your project:

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Jones Myers appears regularly in the media where we comment on issues and provide advice on key areas of family law including divorce and separation, children matters, finances and pre and post-nuptial agreements.  

This week our solicitor, Elizabeth Bell, appeared in the Yorkshire Post’s ‘Legal Matters’ feature where she reinforced the urgent need to modernise the current cohabitation laws. The profile appears in full below.     

What’s the biggest development you have seen in the legal world during your career?

Pre-nuptial agreements becoming more prevalent. We’re continuing to see a rise in the number of clients wanting pre-nups which used to be regarded as only relevant to the rich and famous. More couples are realising that when planning their lives, home, wills, life insurance etc, it’s also important to think through the repercussions of a break up. Pre-nups are also more popular with couples in their second marriage, for example, in cases where one party has generated wealth before the new relationship or to financially protect children from previous relationships.

What law would you like to see changed?

Cohabitation laws – our firm has been a long-standing campaigner for reform in this area. Cohabitating couple families remain the fastest growing relationship in the UK, but many mistakenly believe that they have the same legal rights as married couples in key areas such as savings, income, pensions or business interests. The law, as it stands, fails to offer them any protection if their relationship turns sour and separation becomes inevitable.

What’s the most exciting work you have ever done?

The most interesting case I have worked on involved a death bed marriage which raised questions over the client’s capacity to get married and what financial provision should be made.

Who do you admire most in the legal world?

Baroness Hale, a family lawyer. Her inspirational career and trailblazing achievements include a list of ‘firsts’ which include becoming the first woman to be appointed President of the Supreme Court, the UK’s first woman Lord of Appeal in Ordinary, and the first woman appointed to the Law Commission. It was the work of her team whilst at the Law Commission which resulted in the reform of important legislation including the Children Act 1989 and the Family Law Act 1996.

What advice would you give someone starting out in the profession?

It’s not like it’s portrayed on the TV!

You can read in more detail Liz’s responses to frequently asked questions on cohabitation in our blogs.

Contact us for an initial no cost meeting by calling our Leeds office on 0113 246 0055, our Harrogate office on 01423 276104, visit jm2023.jonesmyers.co.uk, email info@jonesmyers.co.uk or tweet us @helpwithdivorce

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By Liz Bell, solicitor

Cohabiting couple families remain the fastest growing relationship in the UK, but many mistakenly believe that they have the same legal rights as married couples in critical areas such as savings, income, pensions or business interests.

In fact, cohabiting couples are the second largest family type after married or civil partner couples, but the law does not offer them any protection should their relationship turn sour and separate becomes inevitable.

Become are some of the questions we are asked by cohabitees

My partner and I are thinking of living together – is there anything we can do to protect ourselves should we split up?    

A cohabitation or ‘living together’ agreement, to record who owns what at the outset, provides some security to unmarried partners. It encourages people to think clearly about what they want to happen not only while they live together, but also if their relationship ends, setting out who owns what – and in what proportion.

Cohabitation agreements set out how you will divide property (as well as paying off debts), personal belongings, savings, pensions and other assets should you split up – along with how your children will be supported, plus how to deal with bank accounts, debts and joint purchases such as a car. They can also cover more day-to-day matters including pets.

It is important that each party seeks independent legal advice and discloses all financial information in the lead up to signing the agreement, which should be reviewed regularly.

Can a cohabitation agreement be set up while we’re living together?

Yes. It can be drafted either prior to or during your time together. It can also be amended, as long as both parties agree that the original agreement should be changed and how.

I’ve paid into our mortgage for many years, but the property is in my partner’s name. What happens if we go our separate ways?  

Cohabitation gives no automatic rights to the home you share if the property is solely in your partner’s name, no matter how long you have lived there. However, if you can show that you have contributed to it and there was ‘an intention to share’, you may be able to make a claim. This is a very complex process, though – and legal advice is essential.

Relating to the above, what happens if my partner dies?

If they die either without having made a Will, or having made one, without making reasonable provision for you, as the surviving partner you would have a potential claim as a cohabitee – providing you have lived together for at least 2 years ending with date of death. Under current law, if you cannot satisfy the 2 year requirement, you may be able to make a claim on part of your deceased partner’s estate as a dependent. It is important to bear in mind that a dependent’s claim ranks lower in priority than the cohabitee’s claim.

If your partner dies without making a will, the law says that a property in their sole name – or their share of it – must go to their next of kin. First among these are any spouse, and then any children, followed by the next closest group of living relatives. You will not be a surviving spouse for pension purposes as you were not married. You might be able to make a claim against your deceased partner’s estate if they have not made reasonable provision for you, and subject to other conditions imposed by law. To avoid this potential issue, you and your partner should make wills and/or consider transferring any property into joint names.

For more information about any aspect of cohabitation or family law, call Jones Myers at our Leeds office on 0113 246 0055, our Harrogate office on 01423 276104, visit jm2023.jonesmyers.co.uk, email info@jonesmyers.co.uk or tweet us @helpwithdivorce

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Cohabiting couples are calling for a change in the law to give them the same rights as married couples.

The findings of the latest in a series of surveys reinforce a lack of understanding among this fastest growing family type which makes up 17.5 per cent of families in the UK and which is forecast to keep growing due to the revival of the property market.

One third of cohabitants believed they had same rights as married couples but, contrary to popular belief, there is no legal status in England and Wales for cohabitees.

If you live together, the law does not offer the financial protection a married person would have if their relationship ended or their spouse died. You cannot share an ex-partner’s savings, pensions or business interests – nor can you claim maintenance for yourself.

In cases where a home is jointly owned the deeds, if in both partners’ names, should reflect the proportion they ought to receive on a sale. It is important before buying a home that couples receive the relevant advice as to how the proceeds should be divided. If they omit to do this, being awarded a share in any property depends on their ability to establish ownership, based on either a financial contribution or a common intention – a complex area of law.

For many years, Jones Myers has been a vociferous campaigner for increased legal protection for cohabitees and founder, Peter Jones, has lobbied the government for reform.

Our frequently asked questions and answers help to give couples security and reassurance:

How can I protect my financial interests?
A cohabitation or ‘living together’ agreement provides some security. It will encourage you and your partner to think clearly about what you want to happen if your relationship ends, setting out who owns what – and in what proportion.

What does a cohabitation agreement cover?
Cohabitation agreements also cover more day-to-day matters, e.g. pets and lodgers. They can document how you will divide property as well as paying off debts, personal belongings, savings and other assets should you split up – along with how children will be supported plus dealing with bank accounts, debts and joint purchases such as a car.

What’s involved with making a cohabitation agreement?
Agreements are often made at meetings within the non-confrontational process. We are ideally placed to help you decide whether one is right for you and, if so, how best to frame it.

When can a cohabitation agreement be made?
A cohabitation agreement can be drafted prior to and during your cohabitation to record who owns what at the outset – and how any jointly acquired property will be divided in the event of a relationship break down. It helps to provide a degree of security, while encouraging you to think clearly about what would happen should the relationship end.

Is a cohabitation agreement legally binding?
Yes. It is enforceable with courts supporting cohabitees’ rights in financial and capital claims.

What else can I do to protect myself?
It is vital for cohabiting couples to make a will and that they revisit it regularly. If one partner dies intestate (without a will), the other could end up with nothing. Depending upon the circumstances, it may be possible to make a claim against the deceased’s estate.

Our highly skilled Leeds, Harrogate and London based family law specialists are adept at dealing with issues arising from cohabitation – whether to advise you on your rights before you cohabit or in the event your relationship has broken down.

For more information about cohabitation or any aspect of family law call our team of experts at Jones Myers on 0113 246 0055 or tweet us @helpwithdivorce

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